B-225977, APR 28, 1987

B-225977, APR 28, 1987

CIVILIAN PERSONNEL - TRAVEL - OVERSEAS TRAVEL - EMERGENCIES - TRAVEL EXPENSES - REIMBURSEMENT DIGEST: AN EMPLOYEE, NOT IN THE FOREIGN SERVICE, STATIONED IN A FOREIGN AREA, PERFORMED EMERGENCY ROUND-TRIP TRAVEL TO THE UNITED STATES INCIDENT TO A DEATH IN THE FAMILY. HIS CLAIM FOR REIMBURSEMENT FOR THE COST OF THAT TRAVEL IS DENIED. TRAVEL ENTITLEMENTS OF NON-FOREIGN SERVICE EMPLOYEES STATIONED IN FOREIGN AREAS ARE GOVERNED BY THE FEDERAL TRAVEL REGULATIONS WHICH DO NOT AUTHORIZE REIMBURSEMENT FOR SUCH PERSONAL TRAVEL.

RONALD BARTELL - TRAVEL FROM A FOREIGN AREA - PERSONAL EMERGENCY IN THE UNITED STATES:

THIS DECISION IS IN RESPONSE TO A REQUEST FROM AN AUTHORIZED CERTIFYING OFFICER, DEPARTMENT OF ENERGY (DOE). IT CONCERNS THE ENTITLEMENT OF A DOE EMPLOYEE TO BE REIMBURSED TRAVEL EXPENSES INCIDENT TO EMERGENCY PERSONAL TRAVEL PERFORMED FROM AN OVERSEAS DUTY POST. WE CONCLUDE THAT THE EMPLOYEE MAY NOT BE REIMBURSED FOR THAT TRAVEL, FOR THE FOLLOWING REASONS.

MR. RONALD BARTELL, AN EMPLOYEE OF DOE, WAS ASSIGNED TO THE UNITED STATES MISSIONS TO THE UNITED NATIONS IN VIENNA, AUSTRIA, AND HE WAS TRANSFERRED FROM WASHINGTON, D.C. TO VIENNA IN JANUARY 1984. ON APRIL 25, 1986, WHILE STILL STATIONED IN VIENNA, MR. BARTELL PERFORMED EMERGENCY TRAVEL BACK TO THE UNITED STATES DUE TO A DEATH IN THE FAMILY. HE RETURNED TO VIENNA ON MAY 5, 1986. HIS ROUND-TRIP AIRFARE WAS PROCURED THROUGH USE OF A GOVERNMENT TRANSPORTATION REQUEST AT A COST OF $815, AND MR. BARTELL HAS FILED A CLAIM FOR $77.43, REPRESENTING MISCELLANEOUS TRANSPORTATION EXPENSES TO AND FROM AIR TERMINALS BOTH IN THE UNITED STATES AND IN AUSTRIA.

WHEN THE AGENCY QUESTIONED THE REIMBURSEMENT OF THIS TRAVEL, MR. BARTELL EXPRESSED THE BELIEF THAT THE COST OF THIS EMERGENCY TRAVEL IS REIMBURSABLE SINCE, UPON INQUIRY TO THE DEPARTMENT OF STATE, HE WAS ADVISED THAT THERE IS AUTHORITY IN THE FOREIGN AFFAIRS MANUAL (FAM) FOR ALLOWING THE EXPENSES OF TRAVEL OF THIS NATURE.

THE AGENCY DISAGREES WITH MR. BARTELL'S CONTENTION. SINCE HE WAS ASSIGNED TO DUTY IN VIENNA AS A DOE EMPLOYEE RATHER THAN A FOREIGN SERVICE EMPLOYEE, THE AGENCY STATES THAT HIS TRAVEL RIGHTS ARE GOVERNED BY THE FEDERAL TRAVEL REGULATIONS AND, TO THE EXTENT APPLICABLE TO HIS PARTICULAR CLAIM, THE STANDARDIZED REGULATION (GOVERNMENT CIVILIANS, FOREIGN AREAS), AND NOT BY THE FAM.

WE CONCUR WITH THE AGENCY'S VIEW. THE STATUTES AND REGULATIONS RELATING TO THE TRAVEL OF FOREIGN SERVICE EMPLOYEES AND THEIR FAMILIES AUTHORIZE THE PAYMENT OF ROUND-TRIP TRAVEL FROM AN OVERSEAS DUTY POST FOR THE PURPOSES OF FAMILY VISITATION IN EMERGENCY SITUATIONS INVOLVING PERSONAL HARDSHIP. SEE 22 U.S.C. SEC. 4081(9) (1982) AND 3 FAM 699.5. THESE TRAVEL REGULATIONS APPLY TO MEMBERS OF THE FOREIGN SERVICE IN THE DEPARTMENT OF STATE AND RELATED AGENCIES WHICH ARE COVERED BY THE FOREIGN SERVICE ACT OF 1980. PAUL HELLMICH, B-216882, MARCH 25, 1985.

THE LAWS AND REGULATIONS GOVERNING THE ENTITLEMENT OF FEDERAL EMPLOYEES, OTHER THAN MEMBERS OF THE FOREIGN SERVICE, TO BE REIMBURSED FOR TRAVEL EXPENSES ARE CONTAINED IN CHAPTER 57 OF TITLE 5, U.S.C. (1982), AND THE FEDERAL TRAVEL REGULATIONS, FPMR 101-7 (SEPTEMBER 1981), INCORP. BY REF., 41 C.F.R. SEC. 101-7.003 (1985) (FTR). THERE IS NOTHING IN 5 U.S.C. CHAPTER 57 OR IN THE FTR WHICH AUTHORIZES AN EMPLOYEE TO BE REIMBURSED FOR PERSONAL TRAVEL FROM A FOREIGN AREA TO THE UNITED STATES BECAUSE OF A FAMILY EMERGENCY WHICH AROSE IN THE UNITED STATES. HELLMICH, CITED ABOVE.

THEREFORE, THERE IS NO AUTHORITY TO PAY MR. BARTELL'S TRAVEL COSTS UNDER THESE CIRCUMSTANCES, AND THE COST OF THE AIRFARE SECURED THROUGH USE OF A GOVERNMENT TRANSPORTATION REQUEST AND PAID BY DOE MUST BE RECOUPED FROM MR. BARTELL. HOWEVER, COLLECTION OF THIS OVERPAYMENT OF TRAVEL EXPENSES MAY BE SUBJECT TO WAIVER IN ACCORDANCE WITH THE PROVISIONS OF 5 U.S.C. SEC. 5584, AS AMENDED BY PUBLIC LAW NO. 99-224, DECEMBER 28, 1985, 99 STAT. 1741. THE STANDARDS AND PROCEDURES FOR WAIVER ARE SET FORTH IN 4 C.F.R. PARTS 91 AND 92 (1986).